Is E-Verify intended to be a pre-employment screening tool?

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The assertion that E-Verify should not be done before hiring is grounded in the premise that its primary function is not to serve as a pre-employment screening tool. E-Verify is a system designed to confirm the employment eligibility of employees after they have accepted a job offer, not before. Employers are supposed to verify the identity and work authorization of their new hires through E-Verify within three federal business days after the employee starts work.

Using E-Verify before a formal job offer could raise compliance issues, as it might imply a discriminatory process that could affect certain candidates. This risk is particularly relevant in ensuring that the hiring process remains fair and lawful, aligning with the provisions established by federal employment laws.

While other answers might suggest some form of screening or limitation to specific jobs or industries, these misinterpret the guidelines surrounding the use of E-Verify. Federal mandates require that its use only occurs after hiring, thereby creating a clear distinction between eligibility verification and the hiring process.

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